Biodiversity Conservation Act 2016

A person must not possess fauna unless the person has lawful authority to possess it.

if the offence involves a cetacean — a fine of $500 000;

if the offence involves a critically endangered species that is not a cetacean — a fine of $500 000;

if the offence involves an endangered species that is not a cetacean — a fine of $400 000;

if the offence involves a vulnerable species that is not a cetacean — a fine of $300 000;

if the offence involves specially protected fauna that is not a cetacean — a fine of $200 000;

in any other case — a fine of $50 000.

Subsection (1) does not apply if the fauna is managed fauna.

It is a defence to a charge of an offence under subsection (1) to prove that —

the fauna had been taken in circumstances giving rise to a defence under section 151(1) or (2) or in circumstances beyond the control of the person charged; and

the person charged had possession of the fauna for no longer than the period reasonably required to release it or deliver it to a person who had lawful authority to possess it.

It is a defence to a charge of an offence under subsection (1) involving possession of a carcass to prove that —

the fauna had been killed in circumstances giving rise to a defence under section 151(1) or (2) or in circumstances beyond the control of the person charged; and

the carcass, because of its condition or location, was likely to endanger the health or safety of the public; and

the person charged had possession of the carcass for no longer than the period reasonably required to move or dispose of it.

For the purposes of subsection (1), an inspector under the Animal Welfare Act 2002, or a person assisting an inspector under that Act, has lawful authority to possess fauna seized under that Act for the period reasonably required to comply with section 45 of that Act.